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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
The Chairman Quilon Medical Trust – Petitioner
Versus
The Kerala University of Health and Sciences Medical College – Respondent
W.P. (C) No. 27548 of 2020
Decided On : 27-01-2021
Indian Medical Council Act- Section 11 ;; The National Medical Commission Act, 2019- Section 61 ;;The Establishment of Medical College Regulations, 1999, as amended by the Establishment of Medical College (Amendments) Regulations, 2020-Affiliation for enhancement of seats in MBBS course from 150 to 200, for the academic year 2021-22- In view of the prohibition contained in sub-clause (1) of Clause 3 of the Scheme in Part II of the Regulations of 2000, the petitioner’s medical college will be entitled to make an application to increase the admission capacity in MBBS course, once the concerned qualification against the sanctioned intake of 150 has been granted recognition under sub-section (2) of Section 11 of the Indian Medical Council Act, read with the provisions under the National Medical Commission Act, 2019.
Statement of facts:
The petitioner submitted Ext.P6 representation dated 28.11.2020 before the 2nd respondent Vice Chancellor, seeking reconsideration of Ext.P2 application for consent of affiliation for enhancement of seats in MBBS course from 150 to 200, for the academic year 2021-22- The petitioner has approached this Court in this writ petition, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 communication dated 27.11.2020 issued by the 1st respondent University; and a writ of mandamus commanding the 1st respondent University to grant consent of affiliation to the petitioner to apply for enhancement of intake in MBBS course in the academic year 2021-22 itself. The further relief sought for is a writ of mandamus commanding the 3rd respondent National Medical Commission not to insist upon the consent of affiliation of the 1st respondent University for considering the petitioner’s application for enhancement of intake in MBBS course, for the academic year 2021-22.
Finding of the court:
In view of the prohibition contained in sub-clause (1) of Clause 3 of the Scheme in Part II of the Regulations of 2000, the petitioner’s medical college will be entitled to make an application to increase the admission capacity in MBBS course, once the concerned qualification against the sanctioned intake of 150 has been granted recognition under sub-section (2) of Section 11 of the Indian Medical Council Act, read with the provisions under the National Medical Commission Act, 2019.
Result: Writ Petition dismissed
JUDGMENT :
ANIL K. NARENDRAN, J.
1. The petitioner is the Chairman of Quilon Medical Trust, which is the educational agency of Travancore Medical College, a private self-financing medical college, conducting MBBS course on the strength of recognition originally granted by the Medical Council of India and presently by the 3rd respondent National Medical Commission, and the affiliation originally granted by the University of Kerala and presently by the 1st respondent Kerala University of Health Sciences. The annual intake originally approved by the Medical Council of India in MBBS course was 100 seats, for the academic year 2009-10. The annual intake was increased/enhanced from 100 to 150, by the Medical Council of India, for the academic year 2020-21. Based on the approval granted by the Medical Council of India, the 1st respondent University granted consent of affiliation for enhancement of intake in MBBS course from 100 to 150, for the academic year 2020-21.
2. The 1st respondent University issued Ext.P1 notification dated 04.11.2020 inviting applications for starting of/enhancement of seats in MBBS course for the academic year 2021-22. As per the said notification, all institutions should satisfy the norms fixed by the concerned Apex Council, if any/Government of Kerala/Kerala University of Health and Sciences. The last date of submission of online applications with the requisite documents and fee was 09.11.2020. The mandatory documents/certificates to be submitted along with the applications are mentioned in Appendix A. The applications without the documents and requisite fee will be summarily rejected. The application will be valid for three years. Grant of provisional affiliation will be as per the norms fixed by the University/Apex Council concerned/Government of Kerala, from time to time.
3. Pursuant to Ext.P1 notification, the petitioner submitted Ext.P2 application dated 09.11.2020 for enhancement of seats in MBBS course from 150 to 200. By Ext.P3 order dated 13.11.2020, the 1st respondent University appointed an Inspection Commission for considering the application seeking provisional affiliation for enhancement of the seats. On 27.11.2020, the University issued Ext.P4 communication dated 27.11.2020, whereby the petitioner was informed that the application for enhancement of seats in MBBS course from 150 to 200, for the academic year 2021-22, cannot be considered, since as per the Regulations of the 3rd respondent National Medical Commission the medical college shall qualify to apply for enhancement of annual intake in MBBS course from 150 to 200, only after recognising the present intake (100 to 150).
4. The petitioner would contend that neither in Ext.P1 notification nor in the Appendix to Ext.P1, there is a condition that for enhancement of seats, the previous batch has full recognition. The only reason stated in Ext.P4 communication is that, as per the regulations of the National Medical Commission, the medical college shall qualify to apply for increase of the number of admission in MBBS course only after recognising the present intake. On 27.11.2020, the 3rd respondent National Medical Commission issued Ext.P5 notice extending the last date for submission of applications for establishing new medical colleges and increase in MBBS seats, for the academic year 2021-22, from 30.11.2020 upto 15.12.2020. The petitioner submitted Ext.P6 representation dated 28.11.2020 before the 2nd respondent Vice Chancellor, seeking reconsideration of Ext.P2 application for consent of affiliation for enhancement of seats in MBBS course from 150 to 200, for the academic year 2021-22.
5. The petitioner has approached this Court in this writ petition, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 communication dated 27.11.2020 issued by the 1st respondent University; and a writ of mandamus commanding the 1st respondent University to grant consent of affiliation to the petitioner to apply for enh
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